6-Steps: How to Change Name in Property Documents

Property ownership is a significant achievement. Maintaining a legally correct record is a must to avoid disputes and legal hassles in the future. There may be many reasons to change a name in the land registry or property documents; for example, a change of ownership, spelling errors, legal name changes, etc. Even a slight error in property documents may create diverse problems in the future. However, many property owners see it as a complex and involved task. Involving a real estate broker or real estate consultant is a good approach to simplify the task; you still need basic knowledge to understand the process and make the changes legally correct. This blog may help you understand and streamline the entire process of changing a name in the land registry or property documents. 

Seven Common Reasons When You Need to Change Your Name in the Land Registry or Property Documents

You may need to change or correct the name on property documents because of the following seven common reasons:

• Gift transfer or inheritance with a new name

• Legal name change 

• Change of surname 

• Adding the name of the spouse

• Removing the spouse from the title

• Adding Children or others

• Spelling mistake in the original deed

Importance of Changing Name in Property Document as it Legally Demands: 7 Benefits 

Updating property documents with the correct name/s at the earliest ensures legally verified ownership, facilitates smooth property transactions, and prevents potential disputes. Changing your name in property documents, as soon as it is legally required, is crucial for maintaining legal clarity and avoiding complications in the future. Here, I list seven benefits that highlight the importance of changing the name in the property document whenever it is legally required- 

• The correct name validates ownership in official records.

• Updated name in property record streamlines property transfers, sales, and inheritance claims for hassle-free transactions. 

• Updated property record simplifies getting loans, avoiding rejection of the loan application.

• Name update in property record avoids disputes with government authorities, co-owners, or potential buyers.

• Updating the name in the property record avoids disputes with government authorities in case of claim settlement.

• Updating the property record smoothens inheritance and succession. 

• Name correction in the record drives the benefits of tax exemption

Whether you want to change the name in the sale deed or in a land registration document, the basic procedure is largely the same. Here I list six key steps to change the name in property documents, helping you update the record in the registry office. 

Six Steps to Change the Name in Land Registry or Property Documents

1. Obtain Legal Proof of Name Change: This legal document serves as the basis for requesting a name change in property records. A valid name change proof is necessary to modify names in property documents. The recognised proofs of name change are a gazette notification regarding the name change, a marriage certificate for women reflecting the change of surname after marriage, a divorce decree indicating surname change following separation, an affidavit from a first-class magistrate, government-issued ID like PAN card, Aadhaar Card, or Passport showing the new name. 

2. Get an Affidavit for Submission: You will have the create an affidavit for a name change. It should be notarized by a registered notary. It must contain the old name, the new name, the reason for the name change, and details regarding the property, such as address, registration number, etc. The affidavit should be signed on the current date. 

3. Advertise the Name Change Information in Newspapers: You are required to advertise the name change information at least in one English-language newspaper and in one regional-language newspaper.

4. Inform the Sub-Registrar Office: You will need tovisit the relevant Sub-Registrar of Assurances where the property was initially registered to present the notarized affidavit with additional information like gazette notification, newspaper clippings, application for name correction, government-issued ID that verifies the new name, and original property documents, including the sale deed and registration papers. 

5. Create a Correction Deed: You will need to approach a deed writer to draft a Rectification deed, also recognized as a Correction deed. Get it registered at the same Sub-Registrar's office. You will need to pay the required stamp duty and registration fees. Corrections must have reference to the original document.

6. Revise the Records in the Municipal Board and Other Institutions: After completing the process of name change in the registry office, you should update the name in the records of local bodies like the corporation, electricity office, water and gas, and housing society records.

When you change the name on property documents, follow all the legal procedures to avoid future complications. Never opt for a shortcut to change the name in the property document. 

The Key Facts to Keep in Mind

• Start the process well in time. The process of name change in property documents may take a few weeks.

• Double-check the spelling and property details on each document.

• Always keep at least one or two copies of the submitted and received documents.

• Involve an experienced real estate broker providing a comprehensive support service to avoid procedural delays.